Representing Georgia Clients Accused of Violent Crimes
If you have been arrested for a violent crime, you are facing a serious situation. Many of these offenses are prosecuted aggressively in the state of Georgia. Whether you have been arrested and charged with assault, battery, aggravated assault or aggravated battery, it is important to pick an experienced and effective criminal defense attorney. The Alfred Law Firm is significantly experienced in protecting the rights of clients. Our established criminal defense practice has helped numerous clients over the years. If you are facing this serious situation, you need to contact an attorney. Contact the Alfred Law Firm.
What is a violent crime?
A violent crime in Georgia can include assault, battery, battery domestic violence and aggravated assault. The severity of the offense and the sentence depends on many factors including:
- Whether this is a first or subsequent offense
- Whether it is the same or different victim
- If there is a relationship to the victim
- If the victim is pregnant
- If the person is a law enforcement officer
- If the person is a school or sports official on duty
- If the person is under the accuser’s care
- Whether the offense occurred in a public transit vehicle or station
- If a weapon/object was used during the assault or battery
Violent crimes are serious charges that can range from a misdemeanor to a felony. Both subject a person to serious consequences, including fines, jailtime, and a permanent criminal record that can have long-lasting effects.
Assault is a serious crime. All simple assault charges are treated as misdemeanors but may be regarded as aggravated if committed against a family member, a person over the age of 65, a pregnant woman, or a school official, or if it occurred in a public transit or station. In Georgia, simple assault when a person
- attempts to commit a violent injury to the person of another
- commits an act which places another in reasonable apprehension of immediately receiving a violent injury
If convicted of simple assault, a person could face up to a year in jail, a $1000 dollar fine, probation, and restitution. With these consequences comes a permanent criminal record that can impact one’s future immensely.
Battery is quite similar to assault in many ways. Simple battery is also treated as a misdemeanor, but the difference lies in the circumstances. While assault is the threat or attempt of harm, battery involves physical acts and potential harm. In Georgia, simple battery is when a person:
- Deliberately makes physical contact of an offensive or provoking against someone
- Intentionally causes physical harm to another
An initial and subsequent charge against a particular person is treated as a misdemeanor however, the second charge against the same person carries a minimum of 10 days in jail. A third charge against that same person is treated as a felony and carries a minimum of 1 year to 5 years in prison.
A person commits the act of aggravated assault when he or she
- assaults someone with the intent to rape, rob or murder
- Uses a deadly object to harm someone
- Uses an object to strangle a person
- Discharges a firearm within a vehicle against another person
An aggravated assault is a felony. A conviction could subject a person to between 1 and 20 years, serious fines, and restitution. In addition, a permanent criminal record can impact one’s life by affecting one’s ability to get a job, secure housing, and more.
Aggravated battery is also a felony. A person commits an aggravated battery when maliciously causes bodily harm to another. This crime also subjects a person to jail time between 1 and 20 years, fines, restitution, and a permanent criminal record, but increases to a minimum of 3 years if the parties have a pre-existing familial relationship, or a minimum of 5 years if the victim is over 65 years of age, the incident occurred in a public transit vehicle or station or if it occurred against a student or teacher within a school zone.
Contact an experienced criminal defense attorney
If you or a loved one are charged with any of these violent crimes, it is important that you immediately contact a criminal defense attorney to discuss your case and to determine if there are any mitigating circumstances that could affect the outcome and sentence/ penalty. We may be able to get your charges dismissed eventually in certain situations. For a consultation, contact the Alfred Law Firm.